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RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of April 15, 2015 No. 22/3

About approval of the Provision "About the Minimum Requirements on Provision of Remote/remote Servicing in the Kyrgyz Republic"

(as amended on 31-03-2021)

According to articles 7 and 43 of the Law "About National Bank of the Kyrgyz Republic", with the Law "About Payment System of the Kyrgyz Republic" Board of National Bank of the Kyrgyz Republic decides:

1. Approve the Provision "About the Minimum Requirements on Provision of Remote/remote Servicing in the Kyrgyz Republic" it (is applied).

2. To legal management:

- publish this resolution on the official site of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State register of regulatory legal acts of the Kyrgyz Republic.

3. To management of payment systems to bring this resolution to the attention of structural divisions, regional managements and representative office of National Bank in Batken Province, commercial banks of the Kyrgyz Republic, Interbank Processing Center Ltd, operators of payment systems and payment institutes.

4. This resolution becomes effective after three months from the date of official publication.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Kyrgyz Republic B. Zh. Zheenbayeva.

Acting Chairman

N. Zhenish

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of April 15, 2015 No. 22/3

Provision "About the Minimum Requirements on Provision of Remote/remote Servicing in the Kyrgyz Republic"

Chapter 1. General provisions

1. Ceased to be valid according to the Resolution of Board of National Bank of the Kyrgyz Republic of 08.06.2017 No. 2017-P-14/23-14-(PS)

2. This Provision "About the Minimum Requirements on Provision of Remote/remote Servicing in the Kyrgyz Republic" (further - the Provision) establishes requirements to commercial banks, non-bank financial credit institutions, operators of payment systems and payment institutes on provision of banking and payment services to the user by remote/remote method of servicing.

3. Within this provision banking and payment services can be provided far off/remotely on communication channels by means of personal computers, mobile phones, ATMs (ATM banking), electronic terminals, including the automated self-service terminals (cash-in), also through Internet banking, house banking, mobile banking and different ways which are not contradicting the legislation of the Kyrgyz Republic.

3-1. When rendering remote/remote servicing the bank if necessary can sign the contract with the telecom operator (the operator of mobile cellular communication / the operator of network of mobile communication) for rendering communication services. The bank in case of the conclusion of the contract with the telecom operator shall provide methods of protection and confidentiality of information transferred on communication channels of the operator according to the legislation of the Kyrgyz Republic.

Chapter 2. General terms and determinations

4. Within this provision the following terms and determinations are used:

1) Remote/remote servicing - the services rendered by the supplier to the user based on the orders of the last transmitted to the service provider by remote method by means of information systems (Internet banking, mobile banking and others).

2) the Service provider - banks, non-bank financial credit institutions (further - NFKO), operators of payment systems and the payment institutes having the license/certificate of National Bank on the right of implementation of separate banking activities and payment services stipulated by the legislation the Kyrgyz Republic.

3) the User - physical person or legal entity or the individual entrepreneur using remote banking and payment services for remote management of the bank account, e-wallet or obligations to NFKO.

4) the E-wallet the storage of electronic money representing the software or other program and technical device in which there is record about the amount of electronic money and their accessory to the holder.

5) Authentication is installation of authenticity of person by check of authenticity of the shown identifier (PIN code, login, etc.).

6) Personal identification number - the personal code assigned for the user for remote/remote servicing.

7) the Information system - complex of technical means, program and organizational support for provision of remote/remote obsluzhivaniye.

8) The private office is special Section of the user in information system of the service provider who allows to get access to data on account condition / credit limit and cash flow, and also to send requests, confirmations and orders to the service provider.

9) Obligations of the user to NFKO - the obligations of the user which arose in case of receipt of the credit in NFKO and also by means of management of private office.

10) the Electronic document is the documentary information provided electronically and having the corresponding details for reliability check suitable for transfer on information and telecommunication networks and processings in information systems.

Chapter 3. Requirement to service providers

5. The service provider for remote/remote servicing shall at least:

- develop and approve the internal regulating documents determining the list, procedure and conditions of remote/remote servicing;

- provide effective control behind process of provision of these services and safety of money of users;

- develop the domestic policy of information security determining responsibility of service providers in case of interaction with users taking into account requirements of regulatory legal acts in the sphere of ensuring information security and also in case of emergency situation;

- develop standard agreements between service providers and users;

- observe requirements for counteraction to financing of terrorist activities and legalization (washing) of the criminal income according to the legislation of the Kyrgyz Republic;

- provide observance of bank secrecy when moving messages, remote/remote servicing;

- develop and approve procedure for recognition and use of the digital signature when making legally significant actions (consent expression, submission of requests, the conclusion of agreements and other transactions);

- keep the electronic document register, signed by the digital signature;

- provide monitoring and maintaining the magazine (dens) connections of users to system of remote/remote servicing.

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